Photo: CBS 12
A Georgia woman is facing charges after driving a golf cart from which her husband fell and died.
Port St. Lucie Police say 59-year-old Daniel Mackin was standing on the back, lost his grip and hit his head on the sidewalk. Former Palm Beach County State Attorney Dave Aronberg says prosecutors have two choices in what to charge 62-year-old Cynthia Mackin with.
"It would most likely be DUI or DUI Manslaughter."
Prosecutors have gone with simple DUI, a misdemeanor that carries only up to six months in jail. But defense attorney Gregg Lerman tells CBS 12 News that Mackin's fate changes greatly if the charge is upgraded.
"If she was charged with (DUI) Manslaughter, she'd certainly be looking at going to prison for some significant period of time."
That crime carries a mandatory minimum of four years in prison.
Lerman believes that investigators are checking to see if the husband was also drunk.
"I'd be curious also to see what his blood alcohol level was at the time that he fell. If he was intoxicated himself, and that's why he either wasn't listening to her or why he fell off the golf cart, that certainly would imply to me that she shouldn't be charged with anything beyond a DUI. A straight DUI."
Aronberg, who spent 12 years as top prosecutor in Palm Beach, thinks that the case could be used as a cautionary tale, with Cynthia Mackin being made an example of to send a message to others.
"If you've been drinking, do not drive a golf cart, and if you do, you better make sure that the passenger is in the seat and not hanging out in the back."
The case is still under investigation.